Select Committee on Delegated Powers and Regulatory Reform Third Report


Health and Social Care Act 2001, section 65(1), (2) and (4)

65  Supplementary and consequential provision etc

(1)  The Secretary of State may by regulations make-

(a)  such supplementary, incidental or consequential provision, or

(b)  such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2)  The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document….

(4)  Nothing in this Act shall be read as affecting the generality of subsection (1).

Parliamentary procedure: negative (section 64(2)).

Departmental explanation:

"This power is exercisable by statutory instrument and is subject to the negative procedure. This power is necessary since the Bill is lengthy and deals with a wide range of different subjects. A wide range of consequential amendments will be needed to existing legislation and other supplementary, incidental and transitional provisions will be needed. To have included all of these matters on the face of the Bill would have increased the Bill's length considerably and would have taken up further parliamentary time. Further the nature and extent of such provisions are not always apparent until the work of fully implementing the Bill is undertaken. The Department therefore consider it appropriate to include this power so that full effect can be given to the provisions of the Act. The provisions made under it will be technical and detailed and again, with parliamentary time in mind, it is though appropriate to make the power subject to the negative resolution procedure. This is so even where the power is exercised to amend or repeal any enactment since such changes will be supplementary, consequential, transitory or transitional upon the provisions of the Act. A similar power appears in section 63 of the Health Act."

Committee Report (12th of 2000-01): no specific mention of this provision.

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